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Immigration Minister Denied Gay Couples Partner Visa


Guest The Pom Queen

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Guest The Pom Queen

A gay man who has been living in Brisbane for four years will be deported next week after his application for a partnership visa was refused.

This will put him at risk of being jailed in the country of his birth for being openly homosexual.

Ali Choudhry grew up in the United States and has few contacts in Pakistan.

He cannot read or write the local language.

He has been in a relationship with Brisbane brain surgeon Dr Matthew Hynd for the past four years.

Mr Choudhry and Dr Hynd were one of the first gay couples in Queensland to register their civil union on March 12, 2012.

It was a significant day that they celebrated with family and friends.

Marriage equality and things like that ... really do need to happen and happen soon.

 

Ali Choudhry

 

 

Nearly two years later, Mr Choudhry's application for a visa recognising his relationship with Dr Hynd has been refused.

He says he cannot understand why theirs is not considered a legitimate long-term partnership.

"We applied for a partnership visa to try and keep me here, and keep us together," he said.

"For us, for whatever reason, it took about two years, and then even after all that time, it came back as a no."

Immigration Minister rejects appeal

 

Mr Choudhry faces harassment and possible life imprisonment in Pakistan for being gay.

Dr Hynd says they do not know what to do.

"The worst case is, Ali will be deported next week on his birthday," he said.

"You know, what do we do now? To go back to a country where, you know, there is life imprisonment for being gay.

"And, I mean, he grew up in America, he's never lived in Pakistan.

"By country of birth, yes, but this is a country where he doesn't read the language - he can speak it - but how are you supposed to then get a job?"

Mr Choudhry lost all his possessions in the Brisbane floods.

He has since set up a photography business in Brisbane, but is preparing for deportation on January 8.

"Marriage equality and things like that are things that really do need to happen and happen soon, sooner than later," Mr Choudhry said.

Two weeks ago, he was notified that he must leave Australia after his visa review application to Immigration Minister Scott Morrison was also rejected.

Mr Choudhry has now lodged an appeal to the Migration Review Tribunal, but may not find out if that application is accepted before his deportation.

Mr Morrison was not available for interview.

His spokesman said in a statement that same-sex couples are assessed no differently from heterosexual couples regarding immigration matters.

The spokesman said while they cannot comment on individual cases for privacy reasons, all applicants must meet relevant criteria to be granted a visa and that these extend beyond whether there is a genuine and ongoing relationship.

Dr Hynd says the ramifications of the visa rejection for both of them are dire.

"We have no idea what else we can do other than invite maybe the Immigration Minister into our bed and say, hey, this is two guys sleeping in the same bed.

"If you do not believe that, you know, we're in a relationship, then I just don't know."

 

 

http://www.abc.net.au/news/2014-01-03/gay-man-faces-deportation-to-pakistan-as-relationship-not-recog/5183462?section=australianetworknews

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Guest The Pom Queen

Can they really do that? I thought Gays were treat as equals.

I am presuming they must have been refused for other reasons and we are not hearing the full story

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They say in it that gay people are assessed on the same criteria as heterosexual couples.

There has to be a reason. Presumably it isn't medical as he is stating that they haven't recognised theirs as a legitimate relationship. I wonder if they hadn't lived together for a year at the time of application. It doesn't matter how long they have now, it's all about time of application. The review thingy takes about 18 months, so it's possible that they hadn't lived together that long when they applied.

It is annoying when these stories don't list the full facts.

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Doesn't quite make sense. Have just heard a report on the local news, said they have been together 4 years? Or possibly applicant had been in Aus for 4 years, as was on a student visa before, it wasn't clear. Then it was reported they had applied for not sure which visa, but it was refused as they have only been together 18 months. I don't know if QLD is different, but in NSW, you can register as a de facto couple, and then apply for partner visa, if granted you have a 2 year temp visa. Then if you are still together for those 2 years, you apply to make it permanent. So something doesn't add up. Doubt we will never know, unless it stays news.

the implication was that they had applied before the 2 years, but it was all a bit vague.

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Guest The Pom Queen
Sorry didn't mean to post twice, tried to edit first post !!!!

No worries Hun, I will delete the first one for you

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Something not quite right here. Gay couples have the same rights as heterosexual couples therefore it probably means they did not meet the criteria. I hope this is the case otherwise if they have been singled out I hope they take it to the high court.

If they HAD been singled out the migration review tribunal would have over turned it. They didn't so it was something they did wrong. My guess is that they had been together for 18 months when they applied but not living together for a year. A straight couple would be turned down for this too.

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If they HAD been singled out the migration review tribunal would have over turned it. They didn't so it was something they did wrong. My guess is that they had been together for 18 months when they applied but not living together for a year. A straight couple would be turned down for this too.

 

I wondered about that too. The MRT would have allowed the visa if there had been an error in judgement by the Case Officer managing the application, so obviously they didn't qualify for some reason.

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If they HAD been singled out the migration review tribunal would have over turned it. They didn't so it was something they did wrong. My guess is that they had been together for 18 months when they applied but not living together for a year. A straight couple would be turned down for this too.

Exactly. Whilst I'm not clear why they were turned down the appeal process would have been followed therefore like you and others have said, I suspect they didn't meet the criteria in which case that's tough, and no different from any other couples.

 

I guess we will see how it pans out. As long as they've been treated like everyone else then they need to follow the same criteria.

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We have also no idea of the outcome of a police check or if there was any other concern.

 

Australia is one of very few countries that even allows a defacto visa,and without bias, as to whether it is a same sex or hetersexual partnership.

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This story sounds like it has been twisted to make good reading. Sounds like he hasn't yet lodged his appeal to MRT, so the threat of deportation is to make it sound worse. He could apply for asylum visa, if genuinely can't go back to his own country.

 

The likely reason for rejection was lack of evidence, that they registered the relationship and applied straight away for visa. Also doesn't say which visa he was on before and was he allowed to apply onshore for partner visa.

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Just shocking and really scarey stuff. I hope this is a misunderstanding as others have implied. feel happy and safe here, probably the best Iv'e felt in years, I really dont want to leave and am very worried about what will happen when In do, but after reading this my problem is a storm in a teacup in comparison.

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Just shocking and really scarey stuff. I hope this is a misunderstanding as others have implied. feel happy and safe here, probably the best Iv'e felt in years, I really dont want to leave and am very worried about what will happen when In do, but after reading this my problem is a storm in a teacup in comparison.

Why is it shocking and scary? So far it seems everyone is under the impression this couple weren't treated any different to anyone else and it's likely they didn't meet the visa requirements. That is no different to the thousands of applicants each year and the millions before them. If someone doesn't meet the criteria they don't get in. It doesn't so far seem to be anything other than this so it's actually not scary but common sense surely?

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The fact the poor guy is risking his life returning to his home country is scarey! Plus I also think the rules cant define every case, sometimes its better they are broken to help people. i just dont see things black and white anymore.

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The fact the poor guy is risking his life returning to his home country is scarey! Plus I also think the rules cant define every case, sometimes its better they are broken to help people. i just dont see things black and white anymore.

Sometimes people use the same old excuses to get their own way. He's from USA isn't he? Not sure without re-reading it but my impression was they are clutching at straws. Not saying that's happening here but I would think the Aus government won't fall for any of the UK chestnut tricks and will follow the rules for this couple just like any other couple. If not, I hope the government get the book thrown at them. It's not about black and white so much as being fair. Just like no one wants to see a gay couple being disadvantaged due to being a minority, equally so they shouldn't be given preferential treatment just because they are gay. No one should flaunt the rules just because it suits their own agenda. Anyway, let's hope everyone is treated fairly regardless.

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Why is it shocking and scary? So far it seems everyone is under the impression this couple weren't treated any different to anyone else and it's likely they didn't meet the visa requirements. That is no different to the thousands of applicants each year and the millions before them. If someone doesn't meet the criteria they don't get in. It doesn't so far seem to be anything other than this so it's actually not scary but common sense surely?

 

Totally agree with your comments, but you have to realise this is "Jack" posting!

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